DCIT(Exemptions), Chennai V. Council for Leather Exports, Chennai

ITA 2172/CHNY/2017

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 5246 (ITAT-CHENNAI)
• Duration Of Justice: 7 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-04-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 05-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: CHENNAI , ! , ! & BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ./ ITA NO.2172/CHNY/2017 /ASSESSMENT YEAR: 2012-13 THE DY. COMMISSIONER OF INCOME- TAX (EXEMPTIONS), CHENNAI CIRCLE, AAYAKAR BHAVAN, ANNEXE BUILDING, III FLOOR, 121, M.G.ROAD, NUNGAMBAKKAM, CHENNAI-34. VS. M/S.COUNCIL FOR LEATHER- EXPORTS, CMDA TOWER-II, 3 RD FLOOR, GANDHI IRWIN BRIDGE ROAD, EGMORE, CHENNAI-08. [PAN: AAACC 4697 G] ( ( /APPELLANT) ( )*( /RESPONDENT) DEPARTMENT BY : MR.JAYAGANESH, JCIT ASSESSEE BY : MR.SAROJ KUMAR PARIDA, ADV. , /DATE OF HEARING : 23.04.2018 , / DATE OF PRONOUNCEMENT : 23.04.2018 / O R D E R PER GEORGE MATHAN , JUDICIAL MEMBER : ITA NO.2172/CHNY/2017 IS AN APPEAL FILED BY THE RE VENUE AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-1 7, CHENNAI, IN ITA NO.69/15-16/CIT(A)-17 DATED 30.06.2017 FOR THE AY 2 012-13. 2. SHRI JAYAGANESH, JCIT, REPRESENTED ON BEHALF OF THE REVENUE AND SHRI SAROJ KUMAR PARIDA, ADV., REPRESENTED ON BEHAL F OF THE ASSESSEE. ITA NO.2172/CHNY/2017 :- 2 -: 3. IT WAS SUBMITTED BY THE LD.DR THAT THE ASSESSEE IS A SEC.25 COMPANY. IT WAS A SUBMISSION THAT THE ASSESSEE WAS RENDERING SERVICES IN RELATION TO TRADE AND WAS HAVING GROSS RECEIPTS EXC EEDING RS.25.00 LAKHS. CONSEQUENTLY, AS THE ACTIVITIES OF THE ASSESSEE WAS IN THE NATURE OF TRADE AND COMMERCE OR THE BUSINESS THE BENEFIT OF SEC.2(1 5) WAS DENIED ON ACCOUNT OF THE PROVISO TO SEC.2(15) AND THE ASSESSE E WAS DENIED THE EXEMPTION U/S.10(23C)(IV) OF THE ACT. IT WAS A SUB MISSION THAT ON APPEAL, THE LD.CIT(A) HAD GRANTED THE ASSESSEE THE BENEFIT OF DEDUCTION U/S.10(23C)(IV) BY FOLLOWING THE DECISION OF THE CO -ORDINATE BENCH OF THIS TRIBUNAL IN THE ASSESSEES OWN CASE. IT WAS A SUBM ISSION THAT THE ORDER OF THE TRIBUNAL IN THE ASSESSEES OWN CASE FOR THE AY 2010-11 HAD NOT BECOME FINAL. IT WAS A PRAYER THAT THE ORDER OF TH E LD.CIT(A) BE REVERSED AND THAT OF THE AO RESTORED. 4. IN REPLY, THE LD.AR SUBMITTED THAT THE ISSUE WAS NOW SQUARELY COVERED BY THE DECISION OF THE HONBLE HIGH COURT O F MADRAS IN WRIT PETITION NO.7722 OF 2018 FOR THE AY 2015-16 REPORTE D IN 2018-TIOL-739- HC-MAD-IT, WHEREIN, THE HONBLE HIGH COURT HAS RECO GNIZED THE FACT THAT THE ISSUE WAS SQUARELY COVERED BY THE DECISION OF T HE CO-ORDINATE BENCH OF THIS TRIBUNAL IN THE ASSESSEES OWN CASE FOR THE AY 2010-11 IN ITA NO.1192/MDS/2014 DATED 26.06.2015. HE VEHEMENTLY S UPPORTED THE ORDER OF THE LD.CIT(A). 5. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. ITA NO.2172/CHNY/2017 :- 3 -: 6. AS IT IS NOTICED THAT THE LD.CIT(A) HAS FOLLOWED THE JUDICIAL DISCIPLINE IN FOLLOWING THE DECISION OF THE CO-ORDINATE BENCH OF THIS TRIBUNAL IN THE ASSESSEES OWN CASE FOR THE AY 2010-11, WE FIND NO REASON TO INTERFERE IN THE ORDER OF THE LD.CIT(A). CONSEQUENTLY, THE APPE AL FILED BY THE REVENUE IS DISMISSED. 7. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON APRIL 23, 20 18, AT CHENNAI. SD/- SD/- ( ) ( S. JAYARAMAN ) ! /ACCOUNTANT MEMBER ( ) (GEORGE MATHAN) ! /JUDICIAL MEMBER /CHENNAI, 1 /DATED: APRIL 23, 2018. TLN , )23 43 /COPY TO: 1. ( /APPELLANT 4. 5 /CIT 2. )*( /RESPONDENT 5. 3 ) /DR 3. 5 ( ) /CIT(A) 6. /GF